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1908 Supreme(All) 84

BANERJI, JOHN STANLEY
Robert Skinner – Appellant
Versus
Chandan Singh – Respondent


JUDGMENT

1. The suit out of which this appeal has arisen was a suit for the redemption of a mortgage, dated the" 21st of April 1847, stated to have been executed in favour of cerium members of the Skinner family to secure a sum of Rs. 6,288. On payment of this sum the property was according to the evidence to be redeemable. The plaintiffs are admittedly some of the heirs of the mortgagors and entitled to redeem if they can establish that the property is in the possession of the defendants-mortgagees as mortgagees by virtue of the alleged mortgage. The learned Subordinate Judge of Meerut after consideration of the evidence adduced in support of the plaintiff's case passed a decree for redemption. From this decree the present appeal has been preferred and the only question before us is as to the sufficiency of evidence adduced for the plaintiffs in proof of the alleged mortgage. * * *

2. It appears that in the year 1833 a settlement of the property in question with other property was made under the supervision of Mr. Elliot as Settlement Officer, and in the khewat prepared on the occasion of that settlement the predecessors in title of the plaintiffs are shown to have been the owners o

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